C 090462 ZMK -- Carroll Gardens Rezoning

CITY PLANNING COMMISSION September 23, 2009/Calendar No. 5 C 090462 ZMK

IN THE MATTER OF an application submitted by the Department of City Planning pursuant to Sections 197-c and 201 of the New York City Charter for an amendment of the Zoning Map, Section Nos. 16a & 16c:

1. eliminating from within an existing R6 District a C1-3 District bounded by:

a. Kane Street, a line 100 feet southeasterly of Columbia Street, Degraw Street, a line 150 feet southeasterly of Columbia Street, a line midway between Sackett Street and Union Street, Hick Street (westerly portion), a line midway between Union Street and President Street, a line 150 feet southeasterly of Columbia Street, Carroll Street, and Columbia Street;

b. Sackett Street, a line 150 feet southeasterly of Henry Street, a line midway between Union Street and President Street, Hicks Street (easterly portion), Union Street, and a line 150 feet northwesterly of Henry Street;

c. Degraw Street, Court Street, Warren Street, a line 150 feet southeasterly of Court Street, President Street, Court Street, 1st Place, a line 150 feet southeasterly of Court Street, Luquer Street, Court Street, 4th Place, and a line 150 feet northwesterly of Court Street;

d. Warren Street, a line 150 feet southeasterly of Smith Street, Butler Street, and a line 150 feet northwesterly of Smith Street, and

e. Warren Street, Hoyt Street, Douglass Street, and a line 150 feet northwesterly of Hoyt Street;

2. eliminating from within an existing R6 District a C2-3 District bounded by:

a. Sackett Street, Columbia Street, Carroll Street, a line 150 feet southeasterly of Columbia Street, Woodhull Street, Columbia Street, Summit Street, a line 100 feet northwesterly of Columbia Street, Union Street, a line 150* feet northwesterly of Columbia Street, a line midway between Sackett Street and Union Street, and a line 100 feet northwesterly of Columbia Street;

b. Butler Street, a line 150 feet southeasterly of Smith Street, President Street, and a line 150 feet northwesterly of Smith Street;

c. a line 100 feet southwesterly of 3rd Street, a line 100 feet southeasterly of Smith Street, a line midway between 4th Street and 5th Street, and Smith Street;

d. 4th Place, Court Street, Nelson Street, a line 150 feet southeasterly of Court Street, Huntington Street, Court Street, a line 110 feet northeasterly of West 9th Street, a line 65 feet southeasterly of Court Street, West 9th Street, a line 100 feet southeasterly of Court Street, a line midway between Garnet Street and Centre Street, a line 275 feet northwesterly of Smith Street, Centre Street, Hamilton Avenue (northeast portion), Court Street, Garnet Street, Hamilton Avenue (northeast portion), a line 100 feet northeasterly of Garnet Street, a line 100 feet northwesterly of Court Street, Huntington Street, and a line 150 feet northwesterly of Court Street;

e. Huntington Street, a line perpendicular to the southwesterly street line of Huntington Street distant 115 feet southeasterly (as measured along the street line) from the point of intersection of the southwesterly street line of Huntington Street and the northeasterly street line of Hamilton Avenue (northeast portion), a line midway between Huntington Street and West 9th Street, a line perpendicular to the northeasterly street line of West 9th Street distant 85 feet southeasterly (as measured along the street line) from the point of intersection of the northeasterly street line of West 9th Street and the northeasterly street line of Hamilton Avenue (northeast portion), and Hamilton Avenue (northeast portion); and

f. a line 105 feet northeasterly of West 9th Street, Smith Street, Garnet Street, and a line 80 feet northwesterly of Smith Street;

3. changing from an R6 District to an R6A District property bounded by:

a. Kane Street, Tiffany Place, Degraw Street, a line 100 feet southeasterly of Columbia Street, Woodhull Street, Columbia Street, Union Street, a line 150 feet northwesterly of Columbia Street, a line midway between Sackett Street and Union Street, a line 100 feet northwesterly of Columbia Street, Sackett Street, and Columbia Street

b. Degraw Street, a line 100 feet southeasterly of Henry Street, Union Street, Henry Street, President Street, a line 100 feet southeasterly of Henry Street, Carroll Street, Henry Street, a line 75 feet northeasterly of Carroll Street, a line 100 feet northwesterly of Henry Street, President Street, Brooklyn-Queens Connecting Highway, Union Street, a line 100 feet northwesterly of Henry Street, a line midway between Degraw Street and Sackett Street, and Henry Street; and

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Street, Huntington Street, Smith Street, West 9th Street, a line 100 feet southeasterly of Court Street, a line midway between Garnet Street and Centre Street, a line 275 feet northwesterly of Smith Street, Centre Street, Hamilton Avenue (northeast portion), a line 80 feet northwesterly of Court Street, West 9th Street, a line 125 feet northwesterly of Court Street, a line midway between Huntington Street and West 9th Street, a line 80 feet northwesterly of Court Street, Luquer Street, a line 50 feet northwesterly of Court Street, 4th Place, a line 80 feet northwesterly of Court Street, a line midway between 3rd Place and 4th Place, Court Street, 3rd Place, a line 50 feet northwesterly of Court Street, a line midway between 1st Place and 2nd Place, Clinton Street, 1st Place, a line 80 feet northwesterly of Clinton Street, a line 50 feet southwesterly of Degraw Street, Clinton Street, Degraw Street, a line 100 feet southeasterly of Clinton Street, Sackett Street, a line 190 feet southeasterly of Clinton Street, Union Street, a line 100 feet southeasterly of Clinton Street, President Street, a line 265 feet southeasterly of Clinton Street, a line midway between President Street and Carroll Street, a line 100 feet southeasterly of Clinton Street, a line midway between Carroll Street and 1st Place, a line 50 feet northwesterly of Court Street, Carroll Street, a line 100 feet northwesterly of Court Street, a line midway between President Street and Carroll Street, a line 50 feet northwesterly of Court Street, President Street, a line 100 feet northwesterly of Court Street, Degraw Street, and Court Street;

4. changing from an R6 District to an R6B District property bounded by:

a. Warren Street, a line 150 feet southeasterly of Columbia Street, Baltic Street, Hicks Street (easterly portion), Kane Street, and Columbia Street;

b. Union Street, Columbia Street, Summit Street, a line 100 feet northwesterly of Columbia Street, a line midway between Carroll Street and Summit Street, a line 200 feet northwesterly of Columbia Street, Summit Street, a line 350 feet northwesterly of Columbia Street, a line midway between Carroll Street and Summit Street, a line 260 feet northwesterly of Columbia Street, Carroll Street, a line 240 feet northwesterly of Columbia Street, a line midway between President Street and Carroll Street, a line 367 feet northwesterly of Columbia Street, President Street, a line 350 feet northwesterly of Columbia Street, a line midway between Union Street and President Street, a line 120 feet northwesterly of Columbia Street, a line 130 feet northeasterly of President Street, and a line 100 feet northwesterly of Columbia Street,

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100 feet southeasterly of Henry Street, Degraw Street, Clinton Street, a line 50 feet southwesterly of Degraw Street, a line 80 feet northwesterly of Clinton Street, 1st Place, Clinton Street, a line midway between 1st Place and 2nd Place, a line 50 feet northwesterly of Court Street, 3rd Place, Court Street, a line midway between 3rd Place and 4th Place, a line 80 feet northwesterly of Court Street, 4th Place, a line 50 feet northwesterly of Court Street, Luquer Street, a line 80 feet northwesterly of Court Street, a line midway between Huntington Street and West 9th Street, a line 125 feet northwesterly of Court Street, West 9th Street, a line 80 feet northwesterly of Court Street, Hamilton Avenue (northeast portion), Clinton Street, Hamilton Avenue (northeast portion), Henry Street, Coles Street, Hamilton Avenue (northeast portion), Hicks Street (westerly portion), Woodhull Street, and a line 100 feet southeasterly of Columbia Street;

d. Degraw Street, a line 100 feet northwesterly of Court Street, President Street, a line 50 feet northwesterly of Court Street, a line midway between President Street and Carroll Street, a line 100 feet northwesterly of Court Street, Carroll Street, a line 50 feet northwesterly of Court Street, a line midway between Carroll Street and 1st Place, a line 100 feet southeasterly of Clinton Street, a line midway between President Street and Carroll Street, a line 265 feet southeasterly of Clinton Street, President Street, a line 100 feet southeasterly of Clinton Street, Union Street, a line 190 feet southeasterly of Clinton Street, Sackett Street, and a line 100 feet southeasterly of Clinton Street;

e. Warren Street, Hoyt Street, Douglass Street, Bond Street, 3rd Street, Hoyt Street, a line midway between 3rd Street and 4th Street, a line perpendicular to the northeasterly street line of 4th Street distant 365 feet northwesterly (as measured along the street line) from the point of intersection of the northeasterly street line of 4th Street and the northwesterly street line of Hoyt Street, 4th Street, a line perpendicular to the northeasterly street line of 5th Street distant 220 feet northwesterly (as measured along the street line) from the point of intersection of the northeasterly street line of 5th Street and the northwesterly street line of Hoyt Street, a line midway between 4th Street and 5th Street, Smith Street, Huntington Street, a line 80 feet southeasterly of Court Street, Nelson Street, a line 100 feet southeasterly of Court Street, 4th Place, a line 80 feet southeasterly of Court Street, 3rd Place, a line 50 feet southeasterly of Court Street, a line 100 feet northeasterly of 2nd Place, a line 100 feet southeasterly of Court Street, 1st Place, a line 50 feet southeasterly of Court Street, Carroll Street, Court Street, President Street, a line 80 feet southeasterly of Court Street, Butler Street, and a line 100 feet southeasterly of Court Street; and

f. West 9th Street, Smith Street, Garnet Street, a line 100 feet northwesterly of Smith Street, a line midway between Garnet Street and Centre Street, and a line 100 feet southeasterly of Court Street;

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5. changing from an R6 District to an R7A District property bounded by Kane Street, Hicks Street (easterly portion), Degraw Street, and Tiffany Place;

6. establishing within a proposed R6A District a C2-4 District bounded by:

a. Kane Street, a line 100 feet southeasterly of Columbia Street, Woodhull Street, Columbia Street, Union Street, a line 150 feet northwesterly of Columbia Street, a line midway between Sackett Street and Union Street, a line 100 feet northwesterly of Columbia Street, Sackett Street, and Columbia Street;

b. a line midway between Degraw Street and Sackett Street, Henry Street, Sackett Street, a line 100 feet southeasterly of Henry Street, Union Street, Henry Street, a line 100 feet southwesterly of Union Street, and a line 100 feet northwesterly of Henry Street;

c. Union Street, a line 120 feet southeasterly of Hicks Street, President Street, and Hicks Street (easterly portion);

d. Warren Street, a line 100 feet southeasterly of Court Street, Butler Street, a line 80 feet southeasterly of Court Street, President Street, Court Street, Carroll Street, a line 50 feet southeasterly of Court Street, 1st Place, a line 100 feet southeasterly of Court Street, a line 100 feet northeasterly of 2nd Place, a line 50 feet southeasterly of Court Street, 3rd Place, a line 80 feet southeasterly of Court Street, 4th Place, a line 100 feet southeasterly of Court Street, Luquer Street, Court Street, Nelson Street, a line 80 feet southeasterly of Court Street, Huntington Street, Court Street, a line 110 feet northeasterly of West 9th Street, a line 65 feet southeasterly of Court Street, West 9th Street, a line 100 feet southeasterly of Court Street, a line midway between Garnet Street and Centre Street, a line 275 feet northwesterly of Smith Street, Centre Street, Hamilton Avenue (northeast portion), Court Street, Garnet Street, a line 80 feet northwesterly of Court Street, West 9th Street, a line 125 feet northwesterly of Court Street, a line midway between Huntington Street and West 9th Street, a line 80 feet northwesterly of Court Street, Luquer Street, a line 50 feet northwesterly of Court Street, 4th Place, a line 80 feet northwesterly of Court Street, a line midway between 3rd Place and 4th Place, Court Street, 3rd Place, a line 50 feet northwesterly of Court Street, Carroll Street, a line 100 feet northwesterly of Court Street, a line midway between President Street and Carroll Street, a line 50 feet northwesterly of Court Street, President Street, a line 100 feet northwesterly of Court Street, Degraw Street, and Court Street; and

e. a line 105 feet northeasterly of West 9th Street, Smith Street, West 9th Street, and a line 80 feet northwesterly of Smith Street;

7. establishing within a proposed R6B District a C2-4 District bounded by:

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a. Union Street, Columbia Street, Summit Street, and a line 100 feet northwesterly of Columbia Street;

b. a line midway between Sackett Street and Union Street, Hicks Street (westerly portion), a line midway between Union Street and President Street, and a line 100 feet southeasterly of Columbia Street;

c. Degraw Street, Henry Street, a line midway between Degraw Street and Sackett Street, and a line 100 feet northwesterly of Henry Street;

d. Union Street, a line 100 feet southeasterly of Henry Street, a line 100 feet southwesterly of Union Street, and Henry Street;

e. Carroll Street, a line 100 feet southeasterly of Henry Street, a line midway between Carroll Street and 1st Place, and Henry Street;

f. Summit Street, a line 100 feet southeasterly of Hicks Street (easterly portion), Woodhull Street, and Hicks Street (easterly portion);

g. Huntington Street, a line perpendicular to the southwesterly street line of Huntington Street distant 115 feet southeasterly (as measured along the street line) from the point of intersection of the southwesterly street line of Huntington Street and the northeasterly street line of Hamilton Avenue (northeast portion), a line midway between Huntington Street and West 9th Street, a line perpendicular to the northeasterly street line of West 9th Street distant 85 feet southeasterly (as measured along the street line) from the point of intersection of the northeasterly street line of West 9th Street and the northeasterly street line of Hamilton Avenue (northeast portion), and Hamilton Avenue (northeast portion);

h. a line 100 feet northeasterly of Garnet Street and its northwesterly prolongation, a line 80 feet northwesterly of Court Street, Garnet Street, and Hamilton Avenue (northeast portion);

i. West 9th Street, Smith Street, Garnet Street, and a line 80 feet northwesterly of Smith Street;

j. Warren Street, a line 100 feet southeasterly of Smith Street, Baltic Street, a line 80 feet southeasterly of Smith Street, 2nd Street, a line 50 feet southeasterly of Smith Street, 3rd Street, a line perpendicular to the southwesterly street line of 3rd Street distant 50 feet southeasterly (as measured along the street line) from the point of intersection of the southwesterly street line of 3rd Street and the southeasterly street line of Smith Street, a line 80 feet southwesterly of 3rd Street, a line perpendicular to

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the northeasterly street line of 4th Street distant 80 feet southeasterly (as measured along the street line) from the point of intersection of the northeasterly street line of 4th Street and the southeasterly street line of Smith Street, 4th Street, a line 100 feet southeasterly of Smith Street, a line midway between 4th Street and 5th Street, Smith Street, 2nd Place, a line 100 feet northwesterly of Smith Street, a line midway between 1st Place and 2nd Place, Smith Street, President Street, a line 100 feet northwesterly of Smith Street, a line midway between Union Street and President Street, a line 50 feet northwesterly of Smith Street, Union Street, a line 80 feet northwesterly of Smith Street, Sackett Street, a line 50 feet northwesterly of Smith Street, Butler Street, and a line 100 feet northwesterly of Smith Street; and

k. Warren Street, Hoyt Street, Douglass Street, a line 80 feet northwesterly of Hoyt Street, Butlar Street, and a line 50 feet northwesterly of Hoyt Street;

Borough of Brooklyn, Community District 6, as shown on a diagram (for illustrative purposes only) dated June 1, 2009.

The application for an amendment of the Zoning Map was filed by the Department of City Planning on May 26, 2009, to rezone all or portions of 89 blocks in an area generally bounded by Degraw Street, Warren Street, Douglass Street, Hoyt Street, Bond Street, Smith Street, 3rd Street, 5th Street, Centre Street, Columbia Street, and Hamilton Avenue from R6 to R6B, R6A, and R7A.

BACKGROUND

At the request of Community Board 6, community and neighborhood groups, and local elected officials, the Department of City Planning proposes zoning map amendments for an approximately 86 block area of the Carroll Gardens and Columbia Street neighborhoods within Community District 6 in Brooklyn to respond to recent out-of-scale development permitted under the current zoning.

The rezoning area includes the contiguous neighborhoods of Carroll Gardens and Columbia Street, split by the Brooklyn-Queens Expressway along Hicks Street. The area is a predominantly residential neighborhood characterized by 3- and 4-story row houses and some 4- and 5-story multi-family apartment buildings. The Carroll Gardens portion of the rezoning area

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is bounded to the north by Degraw, Warren, and Douglass streets, Hoyt, Bond, and Smith streets to the east, 3rd, 4th, 5th, Centre streets and Hamilton Avenue to the south, and Hicks Street to the west. Smith Street and Court Street are the local retail corridors, characterized largely by 3- and 4-story mixed use buildings with ground floor commercial and community facilities with residential above. The Columbia Street portion of the rezoning consists of approximately 14 blocks bounded by Warren Street to the north, a line between Columbia Street and Van Brunt Street to the west, Hicks Street to the east and Woodhull Street to the south. The areas proposed to be rezoned in both Carroll Gardens and along Columbia Street are zoned entirely R6.

The proposed rezoning builds upon the Department’s Carroll Gardens Narrow Streets Text Amendment (N 080345 ZRK) which was undertaken at the community’s request and approved in 2008. That text amendment aimed to limit the size and configuration of new buildings and enlargements on certain streets with deep front courtyards which had been defined as wide streets under existing zoning and therefore permitted a higher density that was out of scale with the existing built context.

The rezoning proposal has been developed after extensive discussion with the Community Board, elected officials, and neighborhood residents. The rezoning responds to community concerns about recent out-of-scale development permitted under the current zoning by mapping contextual districts with height limits throughout the rezoning area which would preserve the existing built character. It would allow for new development and modest expansions at a height and scale that is in keeping with the existing context. The rezoning would support and promote the local, vibrant retail corridors while protecting the residential character of nearby side streets.

Neighborhood Character

8 C 090462 ZMK The rezoning area is part of the neighborhood formerly known as South Brooklyn. In the nineteenth and early twentieth centuries, European immigrants settled south of Downtown Brooklyn, close to jobs on the industrial waterfront. A number of historic structures in the area reflect its rich immigrant history, including the former Norwegian Seaman’s Church on Clinton Street and St. Mary Star-of-the-Sea Roman Catholic Church on Court Street. In the 1950s, the construction of limited-access highways cut off waterfront blocks from the rest of the neighborhood and divided South Brooklyn into distinct communities. Today, the areas east of the Brooklyn-Queens Expressway are known as Carroll Gardens, Cobble Hill and Gowanus; the neighborhoods of Columbia Street Waterfront and Red Hook are located west of the highway along the industrial waterfront.

Carroll Gardens is a predominantly residential neighborhood characterized by 3- and 4-story row houses and some 4- and 5-story multi-family apartment buildings. Smith Street and Court Street are the local retail corridors, characterized largely by 3- and 4-story mixed use buildings with ground floor commercial and community facilities with residential above. Carroll Gardens is notable for its predominantly brownstone context and its unconventional street grid on many blocks, mapped in such a way that row houses on several east-west streets have 30-foot deep front yards (the “Gardens” for which the neighborhood is named).

The Columbia Street waterfront area has a mixed character as a result of its proximity to the industrial waterfront. During the second half of the twentieth century, the area suffered from its isolation from the rest of the borough, lack of transportation options, and declining manufacturing activity. In recent years, the area has seen new residential investments. The neighborhood is characterized by older 3- and 4-story row houses and more recent 3-story row houses built by the New York City Partnership. In addition, 7-story, former manufacturing buildings on Tiffany Place have been converted into residential apartments. Columbia Street and Union Street are the local retail corridors, characterized by 3- and 4-story mixed use buildings with ground floor retail and residential above.

9 C 090462 ZMK Carroll Gardens is served by the F and G trains that run underneath Smith Street and stop at the Carroll Street station in the heart of the rezoning area. The area is served by New York City Transit’s B61 bus line on Columbia Street, B71 bus line on Sackett and Union streets, and B75 bus line on Court Street.

Existing Zoning The rezoning area is currently zoned R6. C1-3 and C2-3 commercial overlays are mapped along Smith Street, Court Street, Columbia Street and parts of Hoyt Street, Henry Street, Union Street and Hamilton Avenue. The Department’s Narrow Streets Text Amendment, approved by the City Council in 2008, defines six streets within the rezoning area as narrow streets rather than wide streets for zoning purposes, thereby reducing maximum FAR and height to more closely match existing built character.

The R6 zoning district currently covers all or part of the 86 blocks in the rezoning area. Residential and community facility uses (Use Groups 1-4) are permitted in R6 zoning districts. R6 is a height factor district with no height limits and a maximum floor area ratio (FAR) of 2.43 for residential uses and 4.8 for buildings containing community facility uses. Building envelopes are regulated by the sky exposure plane. Off-street parking is required for 70% of the dwelling units. Developers may utilize the optional Quality Housing program which permits up to 2.2 FAR with a maximum building height of 55 feet on narrow streets (75 feet in width or less), and up to 3.0 FAR with a height limit of 70 feet on wide streets (greater than 75 feet in width). Under Quality Housing regulations off-street parking is required for 50% of the dwelling units. Developments that require five or fewer parking spaces can waive parking requirements.

C1-3 and C2-3 Commercial Overlays

Commercial overlays are mapped along most of Smith Street, Court Street and Columbia Street, as well as portions of Hoyt Street, Henry Street, Union Street and Hamilton Avenue.

10 C 090462 ZMK Commercial overlays cover portions of 52 blocks, or 60% of the blocks in the rezoning area. C1 overlays permit basic small-scale retail shops and offices (Use Groups 1-6). C2 overlays permit a slightly broader range of service uses, such as funeral homes, repair and service shops (Use Groups 1-9 and 14). C1 and C2 overlays have a maximum commercial FAR of 2.0 when mapped in R6 districts, and commercial uses are limited to the first floor when residences are located above. Most commercial uses within C1-3 and C2-3 overlays are required to provide one off-street parking space for each 400 square feet of commercial space, with a waiver for uses requiring less than 25 spaces. Existing overlays in the neighborhood are typically mapped to a depth of 150 feet.

Narrow Streets Text Amendment In 2008, the City Council approved the Department’s amendment to the zoning text to establish the following streets as narrow streets for zoning purposes: First Place, Second Place, Third Place and Fourth Place between Henry and Smith Streets; and President Street, Carroll Street and Second Street between Smith Street and Hoyt Street. Prior to this zoning text amendment, those streets were considered wide streets because the City Map includes their characteristic deep front yards as part of the mapped street.

Proposed Zoning

The proposed zoning map amendments would:

• Preserve neighborhood character and scale by replacing the R6 district with contextual zoning districts with height limits that better reflect the existing, predominantly row house character; • Prevent out of scale development while still allowing for building upgrades, improvements and modest expansions; • Reduce the depths of commercial districts to reflect existing development patterns and preclude commercial intrusions into residential side streets; • Promote vibrant, mixed-use corridors on certain local commercial thoroughfares.

R6B

R6B is proposed for approximately 78% of the rezoning area (76 full or partial blocks). R6B

11 C 090462 ZMK would be mapped on narrower, predominantly residential side. R6B would also be mapped on Smith Street, a commercial and transit corridor, because of the predominant low-rise (3-story) character of this street.

R6B is a typical row house district that includes height limits and street wall lineup provisions to ensure new buildings are consistent with the scale of the existing built context. R6B permits residential and community facility uses to a maximum FAR of 2.0. Building base heights must

be between 30 and 40 feet , with a 50 foot maximum building height after a setback (10 feet on a wide street, 15 feet on a narrow street). New development in the proposed R6B district would be required to line up with adjacent structures to maintain the existing street wall characteristics. New multifamily residences must provide off-street parking for 50% of the dwelling units, which may be waived if 5 or fewer spaces would be required.

R6A

R6A is proposed for approximately 21% of the rezoning area (59 full or partial blocks). R6A would be mapped on wide mixed-use corridors and some narrow streets characterized by taller, dense row houses and small apartment buildings that more closely match the R6A building envelope.

R6A is a contextual district with height limits and street wall lineup provisions to ensure that new development would be in context with the scale of existing buildings. R6A permits residential and community facility uses to an FAR of 3.0. A building’s base height must be between 40 and 60 feet with an overall maximum building height 70 feet after a 10 foot setback on a wide street and a 15-foot setback on a narrow street, producing six- to seven- story buildings. New structures in R6A districts are required to line up with adjacent structures to maintain the existing street wall. Off-street parking is required for 50% of new residential units. R7A

R7A is proposed for the eastern side of Tiffany Place between Kane Street and Degraw Street. The building stock on this block consists of historic 7-story manufacturing buildings that have

12 C 090462 ZMK been converted to residential use. The proposed R7A district more closely reflects the built character of these buildings.

R7A permits residential and community facility uses with a maximum FAR of 4.0. Base heights must be between 40 and 65 feet and maximum building height is 80 feet after a 10- or 15-foot setback, producing six- to eight-story buildings. New structures in R7A districts are required to line up with adjacent structures to maintain the existing street wall. Off-street parking is required for 50% of new residential units.

Proposed C2-4 Commercial Overlays

Existing C1-3 and C2-3 commercial overlays on portions of Hoyt Street, Smith Street, Court Street, Columbia Street, Union Street, Henry Street and Hicks Street would be changed to C2-4 overlays with varying depths depending on the land use and lot configuration. This would allow a slightly wider range of local commercial uses than are currently permitted and would prevent commercial uses from encroaching on residential side streets. In addition, new C2-4 overlays would be mapped at specific locations along Smith Street, Henry Street and Hicks Street where commercial uses already exist, but where no commercial zoning is present to permit new or expanding businesses. Overlays are proposed to be removed where commercial or retail uses do not currently exist.

C2-4 overlays permits local retail and services uses to a maximum 2.0 FAR or one commercial floor in mixed buildings. For general commercial uses, one off-street parking space is required for every 1000 square feet of such use, and up to 40 spaces may be waived.

ENVIRONMENTAL REVIEW

This application (C 090462 ZMK) was reviewed pursuant to the New York State Environmental Quality Review Act (SEQRA), and the SEQRA regulations set forth in Volume 6 of the New York Code of Rules and Regulations, Section 617.00 et seq. and the City Environmental Quality

13 C 090462 ZMK Review (CEQR) Rules of Procedure of 1991 and Executive Order No. 91 of 1977. The designated CEQR number is 09DCP083K. The lead agency is the City Planning Commission.

After a study of the environmental impact of the subject application (C 090462 ZMK), a negative declaration was issued on June 1, 2009.

UNIFORM LAND USE REVIEW

This application (C 090462 ZMK) was certified as complete by the Department of City Planning on June 1, 2009, and was duly referred to Community Board 6 and the Borough President, in accordance with Title 62 of the Rules of the City of New York, Section 2-02(b).

Community Board Public Hearing Community Board 6 held a public hearing on this application on June 25, 2009 and on July 13, 2009 the Executive Committee of the Board, by a vote of 10 to 0 with no abstentions, adopted a resolution recommending approval of the application with the following conditions:

1. That the Department reconsider the proposed R6A zoning designation for the properties along Clinton Street south of Degraw Street, and consider applying an R6B designation which would instead provide a more appropriate 50-foot height limitation;

2. That the Department reconsider the proposed R6A zoning designations to the properties west of the Court Street overlay along First Place, and consider applying an R6B designation which would instead provide a more appropriate 50-foot height limitation;

3. That the Department reconsider the proposed R6A zoning designations to the properties along Henry Street south of Degraw Street, and the properties long Union and President Streets between Henry and Hick Streets, and consider applying an R6B designation which would instead provide a more appropriate 50-foot height limitation; and,

4. That the Department reconsider the proposed R6A zoning designation for the properties along Columbia Street south of Union Street, and consider applying an R6B designation which would instead provide a more appropriate 50-foot height limitation.

The recommendation is non-complying since it was adopted by the Executive Committee of the board.

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Borough President Recommendation This application was considered by the Borough President, who issued a recommendation on August 12, 2009 approving the application with the following conditions:

1. That the City Planning Commission and City Council approve the requested action on the condition that the Summit Street frontage rezoned in 2007 remain R6 provided that a suitable legal instrument is in place at the time of the adoption of the rezoning that restricts development to Quality Housing zoning regulations, limited to residential floor area, with a commitment that not less than 20 percent of the units be developed as affordable housing;

2. That the Landmarks Preservation Commission should:

a) Analyze 234 President Street and 240 Union Street for individual landmark structure designation;

b) In consultation with community organizations, Community Board 6 and local elected officials, consider the neighborhood for historic district designation, with priorities given to certain areas proposed for R6A.

3. If options based on the outcome of the neighborhood’s pursuit for individually landmarking and historic district designation efforts do not result in an adequate mechanism to limit height to 50 feet, DCP will review certain blocks for reconsideration for rezoning as R6B.

City Planning Commission Public Hearing On August 5, 2009 (Calendar No. 4), the City Planning Commission scheduled August 19, 2009, for a public hearing on this application (C 090462 ZMK). The hearing was duly held on August 19, 2009 (Calendar No. 41).

There were 11 speakers who spoke in favor of the application.

The speakers included representatives of local community groups, local residents, and a representative of the Councilmember from the 38th District. The community groups included Carroll Gardens Coalition to Respectfully Develop (CORD), Carroll Gardens Neighborhood Association (CGNA), Columbia Waterfront Neighborhood Association, The Four Borough

15 C 090462 ZMK Neighborhood Preservation Alliance, and a representative of Community Board 6.

Speakers all generally favored the application and the proposed zoning districts and appreciated the height limits that would be placed throughout the rezoning area. They also supported the fine-tuning of the commercial overlays along the commercial corridors in location and depth, which would protect the residential character of the side streets while providing vibrant, mixed- use corridors. However, many had concerns over some of the proposed R6A along the southern portion of Columbia Street, First Place, and along Clinton, Henry, President, Union streets, stating that it could produce buildings that would be out of scale with the existing built context.

Many stated that while the overall rezoning plan addresses their concerns about preventing future out-of-scale development, they felt that the maximum building height of 70 feet allowed in the proposed R6A is too tall.

While supporting the plan, a member of CORD asked that the proposed R6A on First Place, Henry, Clinton, President and Union streets remain R6, stating the belief that this provides less of a risk for tall, out-of-scale buildings than the proposed R6A. A representative of CGNA similarly suggested retaining the R6 along the proposed R6A on First Place and President Street, and that the southeast corner of the rezoning area bounded by Smith, Garnet, Court and W. 9th streets be rezoned to R6A to encourage more development to reactivate this area.

The representative of Community Board 6 also supported the overall rezoning, but suggested that some of the proposed R6A boundary along Columbia, Clinton, and President streets be changed to R6B. The representative of the Columbia Waterfront Neighborhood Association supported the proposal, requested the area south of Union Street proposed for R6A be rezoned to R6B, and requested active ground floor uses in new developments in order to keep the vitality and character of Columbia Street.

The representative of the Councilmember for the 38th District spoke in support of the application. He recommended an expanded Historic District designation for protection of the character of this neighborhood. He also asked to have the lot at 45 Summit Street, the subject of

16 C 090462 ZMK a previous private rezoning in 2007, to remain R6 instead of the proposed R6B in order to maintain the plans of the proposed building which has not yet been built. One resident spoke in favor of enlarging the current Historic District. The representative from the Four Borough Neighborhood Preservation Alliance asked the Commission to review the parking requirements of the proposed residential zoning districts, which he believed are too high.

There were no other speakers, and the hearing was closed.

Waterfront Revitalization Program Consistency Review

This application, in conjunction with the application for the related action, was reviewed by the Department of City Planning for consistency with the policies of the New York City Waterfront Revitalization Program (WRP), as amended, approved by the New York City Council on October 13, 1999 and by the New York State Department of State on May 28, 2002, pursuant to the New York State Waterfront Revitalization and Coastal Resources Act of 1981 (New York State Executive Law, Section 910 et. seq.). The designated WRP number is 09-040.

This action was determined to be consistent with the policies of the New York City Waterfront Revitalization Program.

CONSIDERATION The Commission believes that this amendment of the Zoning Map (C 090462 ZMK) is appropriate.

The rezoning proposal was developed in response to and in close collaboration with Community Board 6, the local City Councilmember and various local resident and community groups to address concerns about new development in the area that was inconsistent with the exiting built character. The Commission notes that the proposal was developed and refined by the Department of City Planning through a fully participatory public process.

17 C 090462 ZMK The proposed zoning map change actions would preserve the existing scale of the Carroll Gardens/Columbia Street neighborhood by matching new zoning districts closely to the existing built character. It also fine-tunes the location local retail corridors while protecting the residential character of residential side streets.

The proposed actions would replace the existing R6 district, which does not have height limits and permits residential tower development, with R6B, R6A, and R7A contextual districts with height limits that are more consistent with the existing scale of this neighborhood. These districts would ensure that future residential and commercial development would be more consistent with the exiting built character.

Regarding the recommendation of the Community Board’s Executive Committee, and the testimony at the Commission’s public hearing that some of the areas proposed for R6A zoning districts be reconsidered for R6B, the Commission notes that this change is outside the scope of this application. The Commission further notes that the proposed R6A was carefully selected to include only appropriate areas where the majority of the buildings matched the bulk, height and setback regulations of the R6A district. While many testified that the maximum height of 70 feet in the R6A is too tall for this neighborhood, the Commission notes that the maximum street wall height in R6A is 60 feet, and the majority of buildings in the proposed R6A areas generally have street walls between 45 and 60 feet. In contrast, the maximum street wall height in an R6B is 40 feet, which would make the majority of these buildings non-complying. Similarly, the Commission notes that the FAR’s of buildings in the areas proposed R6A are more reflective of those in R6A district.

In response to testimony that certain areas proposed for R6A remain R6, the Commission believes that contextual zoning districts with height limits produce predictable development that is in keeping with the existing character of the area and that retaining the R6 could result development that is out of context with the existing character.

The Commission considered the recommendation of the Borough President and the representative of the local Councilmember to retain the R6 zoning for 45 Summit Street. The

18 C 090462 ZMK Commission believes the proposed R6B is appropriate for this property and the rest of the blocks between Columbia and Van Brunt Streets. The Commission believes that while the proposed rezoning would result in a slight reduction in permitted floor area, it would also help preserve the scale and character of the neighborhood. Moreover, it would be inappropriate to single out this lot for more favorable treatment than other similar lots by leaving it zoned R6.

RESOLUTION

RESOLVED, that the City Planning Commission finds that the action described herein will have no significant impact on the environment; and be it further

RESOLVED, that the City planning Commission, in its capacity as the City Coastal Commission, has reviewed the waterfront aspects of this application and finds that the proposed action is consistent with WRP policies; and be it further

RESOLVED by the City Planning Commission, pursuant to Sections 197-c and 200 of the New York City Charter, that based on the environmental determination and the consideration described in this report, the Zoning Resolution of the City of New York, effective as of December 15, 1961, and as subsequently amended, is further amended by changing the Zoning Map, Section Nos. 16a & 16c:

1. eliminating from within an existing R6 District a C1-3 District bounded by:

f. Kane Street, a line 100 feet southeasterly of Columbia Street, Degraw Street, a line 150 feet southeasterly of Columbia Street, a line midway between Sackett Street and Union Street, Hick Street (westerly portion), a line midway between Union Street and President Street, a line 150 feet southeasterly of Columbia Street, Carroll Street, and Columbia Street;

g. Sackett Street, a line 150 feet southeasterly of Henry Street, a line midway between Union Street and President Street, Hicks Street (easterly portion), Union Street, and a line 150 feet northwesterly of Henry Street;

h. Degraw Street, Court Street, Warren Street, a line 150 feet southeasterly of Court

19 C 090462 ZMK Street, President Street, Court Street, 1st Place, a line 150 feet southeasterly of Court Street, Luquer Street, Court Street, 4th Place, and a line 150 feet northwesterly of Court Street;

i. Warren Street, a line 150 feet southeasterly of Smith Street, Butler Street, and a line 150 feet northwesterly of Smith Street, and

j. Warren Street, Hoyt Street, Douglass Street, and a line 150 feet northwesterly of Hoyt Street;

2. eliminating from within an existing R6 District a C2-3 District bounded by:

g. Sackett Street, Columbia Street, Carroll Street, a line 150 feet southeasterly of Columbia Street, Woodhull Street, Columbia Street, Summit Street, a line 100 feet northwesterly of Columbia Street, Union Street, a line 150* feet northwesterly of Columbia Street, a line midway between Sackett Street and Union Street, and a line 100 feet northwesterly of Columbia Street;

h. Butler Street, a line 150 feet southeasterly of Smith Street, President Street, and a line 150 feet northwesterly of Smith Street;

i. a line 100 feet southwesterly of 3rd Street, a line 100 feet southeasterly of Smith Street, a line midway between 4th Street and 5th Street, and Smith Street;

j. 4th Place, Court Street, Nelson Street, a line 150 feet southeasterly of Court Street, Huntington Street, Court Street, a line 110 feet northeasterly of West 9th Street, a line 65 feet southeasterly of Court Street, West 9th Street, a line 100 feet southeasterly of Court Street, a line midway between Garnet Street and Centre Street, a line 275 feet northwesterly of Smith Street, Centre Street, Hamilton Avenue (northeast portion), Court Street, Garnet Street, Hamilton Avenue (northeast portion), a line 100 feet northeasterly of Garnet Street, a line 100 feet northwesterly of Court Street, Huntington Street, and a line 150 feet northwesterly of Court Street;

k. Huntington Street, a line perpendicular to the southwesterly street line of Huntington Street distant 115 feet southeasterly (as measured along the street line) from the point of intersection of the southwesterly street line of Huntington Street and the northeasterly street line of Hamilton Avenue (northeast portion), a line midway between Huntington Street and West 9th Street, a line perpendicular to the northeasterly street line of West 9th Street distant 85 feet southeasterly (as measured along the street line) from the point of intersection of the northeasterly street line of West 9th Street and the northeasterly street line of Hamilton Avenue (northeast portion), and Hamilton Avenue (northeast portion); and

20 C 090462 ZMK

l. a line 105 feet northeasterly of West 9th Street, Smith Street, Garnet Street, and a line 80 feet northwesterly of Smith Street;

3. changing from an R6 District to an R6A District property bounded by:

c. Warren Street, a line 100 feet southeasterly of Court Street, Butler Street, a line 80 feet southeasterly of Court Street, President Street, Court Street, Carroll Street, a line 50 feet southeasterly of Court Street, 1st Place, a line 100 feet southeasterly of Court Street, a line 100 feet northeasterly of 2nd Place, a line 50 feet southeasterly of Court Street, 3rd Place, a line 80 feet southeasterly of Court Street, 4th Place, a line 100 feet southeasterly of Court Street, Nelson Street, a line 80 feet southeasterly of Court Street, Huntington Street, Smith Street, West 9th Street, a line 100 feet southeasterly of Court Street, a line midway between Garnet Street and Centre Street, a line 275 feet northwesterly of Smith Street, Centre Street, Hamilton Avenue (northeast portion), a line 80 feet northwesterly of Court Street, West 9th Street, a line 125 feet northwesterly of Court Street, a line midway between Huntington Street and West 9th Street, a line 80 feet northwesterly of Court Street, Luquer Street, a line 50 feet northwesterly of Court Street, 4th Place, a line 80 feet northwesterly of Court Street, a line midway between 3rd Place and 4th Place, Court Street, 3rd Place, a line 50 feet northwesterly of Court Street, a line midway between 1st Place and 2nd Place, Clinton Street, 1st Place, a line 80 feet northwesterly of Clinton Street, a line 50 feet southwesterly of Degraw Street, Clinton Street, Degraw Street, a line 100 feet southeasterly of Clinton Street, Sackett Street, a line 190 feet southeasterly of Clinton Street, Union Street, a line 100 feet southeasterly of Clinton Street, President Street, a line 265 feet southeasterly of Clinton Street, a line midway between President Street and Carroll Street, a line 100 feet southeasterly of Clinton Street, a line midway between Carroll Street and 1st Place, a line 50 feet northwesterly of Court Street, Carroll Street, a line 100 feet northwesterly of Court Street, a line midway between President Street and Carroll Street, a line 50 feet northwesterly of

21 C 090462 ZMK Court Street, President Street, a line 100 feet northwesterly of Court Street, Degraw Street, and Court Street;

4. changing from an R6 District to an R6B District property bounded by:

c. Warren Street, a line 150 feet southeasterly of Columbia Street, Baltic Street, Hicks Street (easterly portion), Kane Street, and Columbia Street;

d. Union Street, Columbia Street, Summit Street, a line 100 feet northwesterly of Columbia Street, a line midway between Carroll Street and Summit Street, a line 200 feet northwesterly of Columbia Street, Summit Street, a line 350 feet northwesterly of Columbia Street, a line midway between Carroll Street and Summit Street, a line 260 feet northwesterly of Columbia Street, Carroll Street, a line 240 feet northwesterly of Columbia Street, a line midway between President Street and Carroll Street, a line 367 feet northwesterly of Columbia Street, President Street, a line 350 feet northwesterly of Columbia Street, a line midway between Union Street and President Street, a line 120 feet northwesterly of Columbia Street, a line 130 feet northeasterly of President Street, and a line 100 feet northwesterly of Columbia Street,

c. Degraw Street, Henry Street, a line midway between Degraw Street and Sackett Street, a line 100 feet northwesterly of Henry Street, Union Street, Brooklyn-Queens Connecting Highway, President Street, a line 100 feet northwesterly of Henry Street, a line 75 feet northeasterly of Carroll Street, Henry Street, Carroll Street, a line 100 feet southeasterly of Henry Street, President Street, Henry Street, Union Street, a line 100 feet southeasterly of Henry Street, Degraw Street, Clinton Street, a line 50 feet southwesterly of Degraw Street, a line 80 feet northwesterly of Clinton Street, 1st Place, Clinton Street, a line midway between 1st Place and 2nd Place, a line 50 feet northwesterly of Court Street, 3rd Place, Court Street, a line midway between 3rd Place and 4th Place, a line 80 feet northwesterly of Court Street, 4th Place, a line 50 feet northwesterly of Court Street, Luquer Street, a line 80 feet northwesterly of Court Street, a line midway between Huntington Street and West 9th Street, a line 125 feet northwesterly of Court Street, West 9th Street, a line 80 feet northwesterly of Court Street, Hamilton Avenue (northeast portion), Clinton Street, Hamilton Avenue (northeast portion), Henry Street, Coles Street, Hamilton Avenue (northeast portion), Hicks Street (westerly portion), Woodhull Street, and a line 100 feet southeasterly of Columbia Street;

22 C 090462 ZMK President Street, a line 100 feet southeasterly of Clinton Street, Union Street, a line 190 feet southeasterly of Clinton Street, Sackett Street, and a line 100 feet southeasterly of Clinton Street;

5. changing from an R6 District to an R7A District property bounded by Kane Street, Hicks Street (easterly portion), Degraw Street, and Tiffany Place;

6. establishing within a proposed R6A District a C2-4 District bounded by:

f. Kane Street, a line 100 feet southeasterly of Columbia Street, Woodhull Street, Columbia Street, Union Street, a line 150 feet northwesterly of Columbia Street, a line midway between Sackett Street and Union Street, a line 100 feet northwesterly of Columbia Street, Sackett Street, and Columbia Street;

g. a line midway between Degraw Street and Sackett Street, Henry Street, Sackett Street, a line 100 feet southeasterly of Henry Street, Union Street, Henry Street, a line 100 feet southwesterly of Union Street, and a line 100 feet northwesterly of Henry Street;

h. Union Street, a line 120 feet southeasterly of Hicks Street, President Street, and Hicks Street (easterly portion);

i. Warren Street, a line 100 feet southeasterly of Court Street, Butler Street, a line 80

23 C 090462 ZMK feet southeasterly of Court Street, President Street, Court Street, Carroll Street, a line 50 feet southeasterly of Court Street, 1st Place, a line 100 feet southeasterly of Court Street, a line 100 feet northeasterly of 2nd Place, a line 50 feet southeasterly of Court Street, 3rd Place, a line 80 feet southeasterly of Court Street, 4th Place, a line 100 feet southeasterly of Court Street, Luquer Street, Court Street, Nelson Street, a line 80 feet southeasterly of Court Street, Huntington Street, Court Street, a line 110 feet northeasterly of West 9th Street, a line 65 feet southeasterly of Court Street, West 9th Street, a line 100 feet southeasterly of Court Street, a line midway between Garnet Street and Centre Street, a line 275 feet northwesterly of Smith Street, Centre Street, Hamilton Avenue (northeast portion), Court Street, Garnet Street, a line 80 feet northwesterly of Court Street, West 9th Street, a line 125 feet northwesterly of Court Street, a line midway between Huntington Street and West 9th Street, a line 80 feet northwesterly of Court Street, Luquer Street, a line 50 feet northwesterly of Court Street, 4th Place, a line 80 feet northwesterly of Court Street, a line midway between 3rd Place and 4th Place, Court Street, 3rd Place, a line 50 feet northwesterly of Court Street, Carroll Street, a line 100 feet northwesterly of Court Street, a line midway between President Street and Carroll Street, a line 50 feet northwesterly of Court Street, President Street, a line 100 feet northwesterly of Court Street, Degraw Street, and Court Street; and

j. a line 105 feet northeasterly of West 9th Street, Smith Street, West 9th Street, and a line 80 feet northwesterly of Smith Street;

7. establishing within a proposed R6B District a C2-4 District bounded by:

l. Union Street, Columbia Street, Summit Street, and a line 100 feet northwesterly of Columbia Street;

m. a line midway between Sackett Street and Union Street, Hicks Street (westerly portion), a line midway between Union Street and President Street, and a line 100 feet southeasterly of Columbia Street;

n. Degraw Street, Henry Street, a line midway between Degraw Street and Sackett Street, and a line 100 feet northwesterly of Henry Street;

o. Union Street, a line 100 feet southeasterly of Henry Street, a line 100 feet southwesterly of Union Street, and Henry Street;

p. Carroll Street, a line 100 feet southeasterly of Henry Street, a line midway between Carroll Street and 1st Place, and Henry Street;

q. Summit Street, a line 100 feet southeasterly of Hicks Street (easterly portion), Woodhull Street, and Hicks Street (easterly portion);

24 C 090462 ZMK r. Huntington Street, a line perpendicular to the southwesterly street line of Huntington Street distant 115 feet southeasterly (as measured along the street line) from the point of intersection of the southwesterly street line of Huntington Street and the northeasterly street line of Hamilton Avenue (northeast portion), a line midway between Huntington Street and West 9th Street, a line perpendicular to the northeasterly street line of West 9th Street distant 85 feet southeasterly (as measured along the street line) from the point of intersection of the northeasterly street line of West 9th Street and the northeasterly street line of Hamilton Avenue (northeast portion), and Hamilton Avenue (northeast portion);

s. a line 100 feet northeasterly of Garnet Street and its northwesterly prolongation, a line 80 feet northwesterly of Court Street, Garnet Street, and Hamilton Avenue (northeast portion);

t. West 9th Street, Smith Street, Garnet Street, and a line 80 feet northwesterly of Smith Street;

u. Warren Street, a line 100 feet southeasterly of Smith Street, Baltic Street, a line 80 feet southeasterly of Smith Street, 2nd Street, a line 50 feet southeasterly of Smith Street, 3rd Street, a line perpendicular to the southwesterly street line of 3rd Street distant 50 feet southeasterly (as measured along the street line) from the point of intersection of the southwesterly street line of 3rd Street and the southeasterly street line of Smith Street, a line 80 feet southwesterly of 3rd Street, a line perpendicular to the northeasterly street line of 4th Street distant 80 feet southeasterly (as measured along the street line) from the point of intersection of the northeasterly street line of 4th Street and the southeasterly street line of Smith Street, 4th Street, a line 100 feet southeasterly of Smith Street, a line midway between 4th Street and 5th Street, Smith Street, 2nd Place, a line 100 feet northwesterly of Smith Street, a line midway between 1st Place and 2nd Place, Smith Street, President Street, a line 100 feet northwesterly of Smith Street, a line midway between Union Street and President Street, a line 50 feet northwesterly of Smith Street, Union Street, a line 80 feet northwesterly of Smith Street, Sackett Street, a line 50 feet northwesterly of Smith Street, Butler Street, and a line 100 feet northwesterly of Smith Street; and

v. Warren Street, Hoyt Street, Douglass Street, a line 80 feet northwesterly of Hoyt Street, Butlar Street, and a line 50 feet northwesterly of Hoyt Street;

Borough of Brooklyn, Community District 6, as shown on a diagram (for illustrative purposes only) dated June 1, 2009.

The above resolution (C 090462 ZMK), duly adopted by the City Planning Commission on

25 C 090462 ZMK September 23, 2009 (Calendar No. 5), is filed with the Office of the Speaker, City Council, and the Borough President in accordance with the requirements of Section 197-d of the New York City Charter.

AMANDA M. BURDEN, FAICP, Chair KENNETH J. KNUCKLES, ESQ., Vice Chairman, ANGELA M. BATTAGLIA, RAYANNE BESSER, IRWIN G. CANTOR, P.E., ALFRED C. CERULLO, III, BETTY Y. CHEN, MARIA M. DEL TORO, RICHARD W. EADDY, NATHAN LEVENTHAL, SHIRLEY A. MCRAE, KAREN A. PHILLIPS, Commissioners ANNA HAYES LEVIN, Commissioner, ABSTAINING

26 C 090462 ZMK